Coverage and inclusion of trans peopleCoverage and inclusion of trans people

Silvan Agius, Policy Director, ILGA-EuropeBriefing Lunch

13th December 2010

Why are trans issues dealt Why are trans issues dealt with under ‘gender’?with under ‘gender’?

Gender gate keepingGender gate keepingGender Spectrum

Legislation and trans Legislation and trans people within the EUpeople within the EU

ECJ rulingECJ ruling

The 1996 ECJ decision in P v. S and Cornwall County Council stated that:

“[...] Council Directive 76/207/EEC of 9 February 1976 [...] precludes dismissal of a transsexual for a reason related to a gender reassignment.”

A milestone decision for the emancipation of trans people within the EU!

Decision was later reiterated in K.B. [2004] and Richards [2006]

P v. S principleP v. S principle

The 1996 P v. S decision was taken into account in the adoption of:

Dir 2004/113/EC on access to goods and services [2606th C&C meeting]Dir 2006/54/EC gender ‘recast’ directive (on employment and occupation) [recital 3]

However:MSs have no obligation to transpose P v. S into legal texts but only apply its principleThe P v. S principle leaves transgender [non-op] people in a legal limbo

Patchy outcomePatchy outcome

How can trans people be How can trans people be included better?included better?

Simple inclusionSimple inclusion

Language in policy documents:Is it necessary to refer to ‘men’ and ‘women’?Can ‘gender/s’ or ‘sexes’ suffice?‘Binary/opposites’ exclude, ‘options’ include

Registration forms:Name: ....................................Gender: Male Female

Name: ....................................Gender: ..................................

Substantive inclusionSubstantive inclusion

How to include trans in mainstream work?

Are trans people sufficiently covered?If not, consider parallel work:

e.g. Segregated statisticsVisibility – through inclusive images, express reference to ‘gender identity’ or ‘trans people’ etc

Is there a trans specific element that needs to be considered separate?

e.g. Trans healthClassification of gender identity as a mental illness

What is ILGA-Europe calling What is ILGA-Europe calling for?for?

EU Gender Strategy 2010-15: EU Gender Strategy 2010-15: ILGA-Europe trans demandsILGA-Europe trans demands

Combat gender based stereotypes (gendernormativity, transphobia)

Effective legal protection (current + future)

Tackling intersectional discrimination

Gender equality measures take full account of trans people

VAW: ILGA-Europe T demandsVAW: ILGA-Europe T demands

Adoption of effective legal measures

VAW as core; but trans people also clearly covered

Cover men who may fall victims due to their gender non-conformity/ gender reassignment

Build upon existing local/ national strategies

Combat gender stereotypes, transphobia, and gendernormativity.

Health and depathologisation Health and depathologisation

Ensure quality standards for medical treatments

Removal of gender identity disorder from: the International Classification of Diseases (ICD)the Diagnostic and Statistical Manual of Mental Disorders (DSM).

Coverage of trans people under national health insurances (as applicable)

Thank you!Thank you!www.ilga-europe.orgwww.ilga-europe.org